Case Details

Citation(s)
2001 SLG 2782 2001 SLD 2782 2001 PLD 124
Sindh High Court
First Rent Appeal No. 19 of 1992, heard on 2nd November, 2000
MUHAMMAD ASHRAF LEGHARI, J
Abdul Nameem for Appellant. S. Manzar Alam for
Respondent

Mst, QADIRAN BEGUM

VS

Dr. JAHANGIR AHMED

Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 22,21

(a) Sindh Rented Premises Ordinance (XVII of 1979)-- ----Ss. 21 & 22---Execution of ejectment order---Execution application file( by landlady was objected to by the tenant contending that landlady has entered into a fresh agreement with him and she had also received money from him for enhanced rent---Landlady had pleaded that alleged agreement was forged one and had been produced by tenant to defeat ejectment order-­Rent Controller dismissed the execution application---Validity---Alleges agreement, even if assumed to have been executed by parties, was invalid a the same did not satisfy requirements of Explanation to S.22 of Sindh Rented Premises Ordinance, 1979---Order of Rent Controller passed without complying with requirements of law was set aside by High Court being illegal and ill-founded. (b) Sindh Rented Premises Ordinance (XVII of 1979)-- ----Ss. 22 & 15---Civil Procedure Code (V of 1908), O.XXI, R.2--­Execution proceedings---Execution proceedings relating to order of ejectment ---No payment, compromise or agreement would be acceptable or legal, unless such payment, compromise or agreement was made before the Authority passing the order or with its- permission. Abdul Qayyum v. Muhammad Azeem PLD 1994 Kar. 319; Mehmood Elahi Farooqui v. Messrs United Bank Limited PLD 1988 Kar. 133; Alam Khan v. Muhammad Ramzan 1995 MLD 429 and Muhammad Shafiq and 3 others v. Gulber Khan and another 1984 CLC 2735 ref. JUDGMENT Through this appeal, the appellant has assailed the impugned order dated 29-3-1992 passed by learned Ist Senior Civil Judge and Rent Controller, Jacobabad, whereby he dismissed the execution application filed by landlady Mst. Qadiran Begum. The appellant had filed an ejectment application in the Court of learned Rent Controller, Jacobabad bearing Rent Application. No.56 of 1987. The said ejectment was allowed by the Rent Controller on 7-3-1988. The respondent being aggrieved by the ejectment order preferred Ist Rent Appeal before this Court bearing No.27 of' 988. The aforesaid F.R.A. was dismissed by this Court on 14-11-1991. The appellant filed execution application in the Court of learned Rent Controller on 30-1-1992 bearing Execution…
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